The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-12


by application to the Commissioner of Pensions
In such form as he may prescribe, receive the
benefit OF this act 1t is manfestly OF tho ut
most Importance that statutes which, like PEN
sion laws, should be literally administered as
measures of benevolence in behalf OF worthy
benefcaries. should admit of uncertainty as
to their general objects and consequences Upon
careful consideration of the language of the
section OF this bill above given. it seems to me
to be uncertain, and liable to such conflicting
constructions, and to be subject to such un-
just and mischievous application as to alone
furnish sufficient ground for disappearing the
proposed legislation. Persons seeking to obtain
the pension provided by this section must be
now or hereafter
'First-sSuffering from mental or physical
disability
'.Second-Such disability must not be the
result of their own vicious habits or gross care
lessness.'
''Thrd-Such disability must be such as ';n-s-
capacitates them from the performance of laborS
In such a degree as to render them unable to
earn a support
"Fourth-They must be dependent upon
their daily labor for support
''Fifth--Upon proof of these conditions they
shall be placed on the list of invalid pensioners
of the United States, and be entitled to receive
for such total inability to procure subsistence
by daily labor. $l2 per month
"It is not probable that the words last quoted,
such total inability to procure their subsistence
by daily labor at all qualify the conditions pre-
scribed in the preceding language OF the section.
The total inability spoken Of must be such ina
bility-that is. the inability already described
and constituted by the conditions already de-
tailed in the previous parts of the section. It
thus becomes important to consider the meaning
and the scope of the aforementioned conditions.
The mental and physical disability spoken of has
distinct meaning in the practice of the Pension
Bureau, and includes every impairment of bodily
mental strength and yieor. For snch disa-
oilities there are now paid 131 different rates Of
pension. ranging from 81 to 800 per month
bile 49, g
pcant's vicious habits or gross care
lessness.' Practically, this provision is
net important The attempt OF the
government to escape the payment of a pension
on such plea would. of course in very large
majority of instances, and regardless Of the
merits of the case. prove failure There would
be that strange but nearly universal willingness
to help the individual as between him and the
public treasury which goes very far to insure a
state of proof in favor of the claimant The
disability of the applicants must be such as to
incapacitate them for the performance Of labor
in such q degree as to render them unable to
support 1t will be observed that there
is no limitation definition of the incapaci-
tating injury cr ailment itself. 1t needs onlv be
such degree of disability, from any cause, as
renders the claimant unable to earn support
by labor. 1t seems to n that the support here
mentioned as one.whch cannot be earned is a
complete and entire support, with no diminuton
on account of the least impairment of physical
or mental condition. If it had been intended to
"
were totally unable to labor. it would have been
very easy to express that idea instead of recog
nizing as it does, a DEGREE of such disability.
What is support! Who is to determine
whether man earns it, or has it, or has it mott
Is the government to enter the homes Of claim
ants for pension, and after examination OF
their surroundings and circumstances, settle
these questions? Shall the government say to
one man that his manner of subsistence by his
earnings is a support and to another that the
things his earnings furnish are not support
Any attempt. however honest, to administer this
law in such manner would necessarily produce
more unfairness and unjust discrimination, and
give moro scope for partisan partiality and
would result in more perversion of the govern
ments benevolent actions than the execution Of
any statute ought to permit. II in the effort to
carry out the proposed law the degree of dis
ability related to earnings be considered for
the purpose of discovering if in any way it cur-
tails the support which the applicant if entirely
sound, would earn. and to which he is entitled
we enter the broad field long occupied by the
Pension Bureau. and We recognize as the only
difference between the proposed legislation aud
previous laws passed for the benefit Of the sur.
viving soldiers of the civil war, the ncurrence
in one case of disabilities in military seryice
and in the other disabilities existing. bat in no
way connected with or resulting from such
service. 1t must be born ID mind that in no
case is there any grading of this proposed pena
| sion Under the operation of the rule first sug-
gested, if there is a lack in any degree, great or
| small of tho ability to such support as
| the government determines the claimant should
have, and by the application of the rule secondly
suggested, if there is reduction in any degree
| of the support which he might earn if sound.
| he is entitled to pension of $12 In the latter
| case under the provisions Of the proposed bill,
| permitting persons now receiving pensions to be
| admitted to the benefits of the act. do not see
how those now on the pension roll for dsabili-
| ties incurred in the service. and which diminish
| their earning capacity, can be denied the pension
| provided in this bill. Of course none will apply
| who receiving $l2 per month or more.
| But on June 80, 1885, there were on the pension
rolls 202. 62l persons. who were receiving fifty
eight different rates of pension from 81 to $l1 IS
| per month Ofthese, IS, 142 we're receiving 81
! per month: 63 ll6 81 Ter month; 81 254. S6 per
month, and 30, 274, whose disabilities were rated
as total, So per month AS to the meaning
| of the section OF the bin under considera-
| ton, there appears TO have been quite
a difference of opinion among its advocates in
| Congress. The chairman of the committee on
pensions in the House of Representatives who
reported the bill, declared that there was Ia it
| no provision for pensioniDg any who has
| less disability than total disability to labor,
| and that it was charity measure The chair
I, man of the committee pensions in the Sem
I ate, having charge OF the bill in that body, dis
| sented from the construction of the bill as an
nounced in the House of Representatives and
| declared that it not only embraces all soldiers
totally disabled, but, i'll his judgment, all whc
are disabled to any considerable extent, and
| such construction was substantially given to
the bill by another distinguished Senator. who,
| as former Secretary of the Interior had i'm.
posed upon him the duty of executing pension
| laws. and determining their intent and meaning
| Another cocdition REQUIRED of claimants un-
der this act is that they shall be dependentupon
their daily labor for support This language,
which may be said to assume that there exists
within the reach of the persons mentiond labor,
or the ability in some degree TO work. is moro
aptly used in statute describing those not
wholly deprived Of this ability than in one which
deals with those utterly unable TO work. am
of the opinion that it may fairly be contended
that under the provisions of this section any sol
| dier whose faculties OF mind or body have be-
come impaired by accident, disease or age, ire
| spective of his servlce in the army as cause
and who by his labor only is left incapable OF
! earning the fair support he might have with un-